Madras High CourtWP/29878/2022disposed of

E.Deivanai v. The Chairman,

2022-11-11Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.11.2022 Coram:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.No.29265 of 2022 -- E.Deivanai .. Petitioner Vs.

1. The Chairman, Tamil Nadu Electricity Board (TNEB) (TANGEDCO), N.P.K.R.R.Maligai, 08th floor, No.144, Anna Salai, Chennai-600 002.

2. The Chief Engineer, Tamil Nadu Electricity Board (TNEB) (TANGEDCO), N.P.K.R.R.Maligai, 08th floor, No.144, Anna Salai, Chennai-600 002.

3. The Executive Engineer, Tamil Nadu Electricity Board (TNEB) (TANGEDCO), GST Road, Chengalpet, Chengalpet-District.

4. The Superintending Engineer, Tamil Nadu Electricity Board (TNEB) (TANGEDCO), GST Road, Chengalpet, Chengalpet-District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents herein, especially the fourth respondent herein to pass appropriate orders for appointment of the petitioner on "Compassionate grounds" in a suitable post in the TANGEDCO commensurate with her educational qualification 1 / 5

consequently on the death of petitioner's father, namely T.Elumalai on 31.08.2005 while working as a Line-man in Chengalpattu E.D. Circle within a limited time frame as may be fixed by this Court. For petitioner : Mr.M.Arumugam For respondents: Mr.P.Subramanian, Standing Counsel

ORDER

This Writ Petition has been filed for a Mandamus to direct the respondents to appoint the petitioner on compassionate grounds in a suitable post in the TANGEDCO commensurate with the petitioner's educational qualification, consequent upon the death of the petitioner's father T.Elumalai.

2. The petitioner's father T.Elumalai who was a Line-man in Chengalpet Electricity Distribution Circle, died while in service on 31.08.2005. The petitioner who is his daughter, claims that she was seven years old when her father died and on attaining majority and after obtaining suitable educational qualification, she has submitted an application to the respondents for compassionate appointment due to the death of her father while in service. The petitioner has claimed that she has completed B.E. (EEE).

3. Learned counsel for the petitioner submitted that even though positive direction has been sought for in this Writ Petition, the petitioner will 2 / 5

be satisfied if her representation seeking for compassionate appointment is considered on merits and in accordance with law.

4. The petitioner has submitted an application seeking for compassionate appointment on 09.12.2016 and thereafter, she has given several representations, the last of such representation was given on 28.11.2019. A legal notice dated 23.10.2022 has also been issued. No prejudice would be caused to the respondents, if the petitioner's application seeking compassionate appointment on account of the death of her father while in service, is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

5. This Court is not expressing any opinion on the merits of the petitioner's claim. It is for the respondents to consider the same on merits.

6. Accordingly, this Court directs the fourth respondent to pass final orders on the petitioner's application dated 09.12.2016 seeking for compassionate appointment commensurate with her educational qualification, due to the death of her father while in service on 31.08.2005, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

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7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently,W.M.P. is closed. 11.11.2022 Speaking Order: Yes/no cs To

1. The Chairman, Tamil Nadu Electricity Board (TNEB) (TANGEDCO), N.P.K.R.R.Maligai, 08th floor, No.144, Anna Salai, Chennai-600 002.

2. The Chief Engineer, Tamil Nadu Electricity Board (TNEB) (TANGEDCO), N.P.K.R.R.Maligai, 08th floor, No.144, Anna Salai, Chennai-600 002.

3. The Executive Engineer, Tamil Nadu Electricity Board (TNEB) (TANGEDCO), GST Road, Chengalpet, Chengalpet-District.

4. The Superintending Engineer, Tamil Nadu Electricity Board (TNEB) (TANGEDCO), GST Road, Chengalpet, Chengalpet-District.

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ABDUL QUDDHOSE, J cs 11.11.2022 5 / 5